Rural Community Schools, Inc.
Policies
STU 018 – SUSPENSION AND EXPULSION
The Board of Directors recognizes that attendance at school is imperative to educational success; yet it realizes that in attempting to work with students who prompt disciplinary action there may in some circumstances for a student to be either suspended or expelled. This is the most severe sanction that can be imposed on a student, the denial of the right for a student to take part in any school function for a period up to ten consecutive school days or expelled with the same denial but for a period longer than ten consecutive school days for the betterment of the educational environment.
Grounds for Suspension and/or Expulsion
A student may be suspended and/or expelled from an activity, program, or schoolfor behavior on school grounds immediately before or during school hours, immediately after school hours, at any time when the school is being used by a school group, off school grounds at a school activity, function, or traveling to or from school or a school activity, function, or event.
Some grounds for suspension or expulsion may include but are not limited to:
- Student misconduct.
- Substantial disobedience.
- Unlawful activity- a student may be suspended or expelled for engaging in unlawful activity on or off school grounds including an unlawful activity during weekends, holidays, other school breaks, and the summer period when a student may not be attending classes or other school functions if:
(1)the unlawful activity may reasonably be considered to be an interference with school purposes or and educational function; or
(2)the student’s removal is necessary to restore order or protect persons on school property.
- Possession of a firearm, deadly weapon, or destructive device on school property (see STU 009 and STU 010).
- Use of drugs and/or alcohol (see STU 011).
- Bullying (see STU 019)
- Sexual harassment pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, "sexual harassment" is defined as:
For the purpose of this policy the following definitions shall apply:
- “Suspension” means any disciplinary action that does not
constitute an expulsion whereby a student is separated from
school attendance for a period not to exceed ten (10) school days.
A student maybe suspended for a longer period of time in
accordance with the provisions of I.C. 20-33-8-23 pending
expulsion.
- “Expulsion” means a disciplinary or other action where by a
student is:
- separated from school attendance for a period exceeding
ten (10) school days;
- separated from school attendance for the balance of the
current semester or current year unless a student is permitted
to complete required examinations in order to receive credit
for courses taken in the current semester or current year; or
- separated from school attendance for at least one (1) calendar
year pursuant to I.C. 20-33-8-16 for possession of firearms,
deadly weapons or destructive devices, which may include an
assignment to attend an alternative school, an alternative
educational program, or a homebound educational program.
The term does not include situations when a student is disciplined under
I.C. 20-33-8-25, removed from school pursuant to I.C. 20-34-3-9, or
removed from school for failure to comply with the immunization requirements
of I.C.20-34-4-5.
Maximum Term of Suspension and Expulsion
The School Leader may suspend a student for a period up to ten (10) consecutive school daysfor each infraction. They may also recommend to the Board of Directors expelling a student beyond ten (10) consecutive school days up to a calendar year depending on the severity of the offense. All opportunity to earn grades ends when a student is expelled.
Due Process Rights
SUSPENSION:
- If a student is suspended, he/she and his/her parents or guardians will be
notified of the reason for and the length of the suspension.
- The suspension may be appealed after receipt of the suspension notice
to the School Leader.
- The request for an appealmust be in writing to the School Leader
withintwo (2) days afternotificationof suspension.
- During the appeal process, the student shall not be allowed to remain
in school.
- The appeal shall be conducted in a private meeting between the
parents/guardians, school administration, the student, and legal
counsel (if desired and at the expense of the parent).
- There is no appeal for the loss of extra-curricular eligibility due to
suspension or expulsion (sports teams, cheerleading, academic teams, etc.).
EXPULSION:
- If, in the School Leader’s opinion, the infraction warrants a longer
period of removal from school, the School Leader shall refer the case
to the Board of Directors for consideration for expulsion.
- The Board of Directors shall review the case and may appoint a designee
to conduct the expulsion meeting. This person may be an attorney or a
Board member who has not been involved in the particular case or
circumstances leading to it.
- The student and/or parents or guardians will be notified in writing of the
time and place of the expulsion meeting by certified mail or personal
delivery. This notice shall include the reasons for the expulsion, the
procedure for requesting an expulsion meeting, and the parents’ or
guardians’right to waivethe meeting.
- Should the parents/guardians choose to have an expulsion meeting,
the designee shall make a written summary of the evidence heard,
take action that he/she finds appropriate, and must give notice of the
action taken to the student and the parent/guardian.
- The student and/or parent/guardian may appeal the decision within
ten (10) days of receipt of a notice of action.
- Upon receipt of a written appeal, the Board shall hold a meeting to
consider the written evidence and arguments presented at the expulsion
meeting. The Board may then decide to uphold the expulsion, authorize
alternative disciplinary action, or decide no disciplinary action is necessary.
The student or his/her parents may appeal the Board’s decision to the
appropriate court.
- An expulsion during the second semester of the school year may extend
to the first semester of the next school year. An expulsion that takes
effect more than three (3) weeks before the beginning of the second
semester, or that will remain in effect into the first semester of the next
school year, shall be reviewed by the Board of Directors to determine if
there has been newly discovered evidence or a change in the student’s circumstances since the expulsion meeting. If so, the Board of Directors
may recommend to school administration that the student be readmitted
for the second semester or at the beginning of the new school year.
I.C. 20-33-8-14
I.C. 20-33-8-15
I.C. 20-33-8-16
I.C. 20-33-8-18
I.C. 20-33-8-19
I.C. 20-33-8-20
I.C. 20-33-8-25
I.C. 20-34-4-5
I.C. 20-35-47-1-5
I.C. 35-47.52-4
I.C. 25-31.5 -2-86
Adopted: 2/13/06
Revised: 10/15/12
Reviewed and Revised: 03/12/18
1